Liabilities of the Adviser. A. In the absence of willful misfeasance, bad faith, gross negligence, or reckless disregard of obligations or duties hereunder on the part of the Adviser, the Adviser shall not be subject to liability to the Fund or to any shareholder of the Fund for any act or omission in the course of, or connected with, rendering services hereunder or for any losses that may be sustained in the purchase, holding or sale of any security. B. No provision of this Agreement shall be construed to protect any Trustee or officer of the Fund, or the Adviser, from liability in violation of Sections 17(h) and (i) of the 1940 Act.
Appears in 4 contracts
Samples: Investment Advisory and Management Agreement (Financial Investors Trust), Investment Advisory and Management Agreement (Financial Investors Trust), Investment Advisory and Management Agreement (Financial Investors Trust)
Liabilities of the Adviser. A. In the absence of willful misfeasance, bad faith, gross negligence, or reckless disregard of obligations or duties hereunder on the part of the Adviser, the Adviser shall not be subject to liability to the Fund or to any shareholder of the Fund for any act or omission in the course of, or connected with, rendering services hereunder or for any losses that may be sustained in the purchase, holding or sale of any security.
B. No provision of this Agreement shall be construed to protect any Trustee Trustee, director, officer or officer agent of the Fund, Trust or the Adviser, Adviser from liability in violation of Sections 17(h) and (i) of the 1940 Act.
Appears in 2 contracts
Samples: Advisory Agreement (Capitol Square Funds), Advisory Agreement (Bonfiglio & Reed Investment Trust)
Liabilities of the Adviser. A. In the absence of willful misfeasance, bad faith, gross negligence, or reckless disregard of obligations or duties hereunder on the part of the Adviser, the Adviser shall not be subject to liability to the Fund Portfolio or to any shareholder of the Fund Portfolio for any act or omission in the course of, or connected with, rendering services hereunder or for any losses that may be sustained in the purchase, holding or sale of any security.
B. No provision of this Agreement shall be construed to protect any Trustee or officer of the FundPortfolio, or the Adviser, from liability in violation of Sections 17(h) and (i) of the 1940 Act.
Appears in 2 contracts
Samples: Investment Advisory and Management Agreement (ALPS Variable Insurance Trust), Investment Advisory and Management Agreement (ALPS Variable Insurance Trust)
